OCD Permitting

PRELIMINARY DOCKET: Notice of Violation Hearing for Wednesday, November 18, 2020

Applications for hearing shall be filed at least thirty (30) days in advance of the hearing date. A party who intends to present evidence shall file a pre-hearing statement no later than the close of business on the Thursday prior to the hearing date and serve a copy on the other parties, if any. The hearing examiner will dismiss the application if the applicant does not file and serve a pre-hearing statement as specified above. A party desiring to use projection equipment at the hearing shall contact Florene Davidson, OCD Clerk, no later than seven (7) business days prior to the hearing.

NOTICE: The hearing examiner may call the following cases in any order in his or her discretion.

Case No. Description
The New Mexico Oil Conservation Division (“OCD”), pursuant to NMAC, gives notice that it has docketed the Notice of Violation (“NOV”) and Civil Penalty Calculation (CPC) attached as Exhibits A & B, and states the following in support thereof:
    1.    On August 27, 2020, OCD issued the NOV and CPC to M&M Production and Operation (“M&M”).
    2.    The NOV, which is incorporated by reference, identified the factual basis for the alleged violation, the compliance action required to remedy the alleged violation, and the proposed sanction.
    3.    The CPC, which is incorporated by reference, described the method for calculating the civil penalty.
    4.    The NOV advised M&M that if the NOV were not informally resolved within 30 days of receipt of service, then OCD would hold a hearing on October 30, 2020.
    5.    On August 28, 2020, the NOV was served on M&M by certified mail.
    6.    On September 28, 2020, the 30 day informal resolution period for the NOV expired.
    7.    M&M did not contact OCD during the 30 day informal resolution period, and the period expired without resolution of the NOV.    
    8.    A hearing on the NOV is scheduled for October 30, 2020.
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